S.Ganesh, v. Indian Bank
Case brief
What is this about?
Writ petition challenging DRAT order requiring auction purchaser to make pre-deposit for appeal. Court held auction purchasers are exempt from pre-deposit per Sree Jeya Soundharam and set aside DRAT order.
What did the court decide?
Impugned order dated 16.10.2019 of DRAT set aside. Petitioner directed to have appeal of Petitioner heard and disposed on merits by DRAT without insisting for any pre-deposit from Petitioner.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.11.2019
CORAM
THE HONOURABLE DR.JUSTICE VINEET KOTHARI AND THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.32005 of 2019
and
W.M.P.No.32252 of 2019
S.Ganesh Petitioner
Versus
1. Indian Bank,
Park Town Branch,
Chennai 600 003.
2. M/s.Parkway Travels Tours
Pvt. Ltd.
3. Mr.R.G.Mohammed Hussain
4. Mr.Ahraq Ahmed
5. Mr.Asrar Ahmed
6. Mr.Aijaz Ahmed
7. Canara Bank,
Mount Road Branch, Chennai
rep. by its Manager,
8. The Registrar,
Debt Recovery Appellate Tribunal,
4th Floor, Bi,55 Ethiraj Salai,
Chennai-600 008. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the records in I.A.No.713 of 2019 in A.I.R.No.552/2015, on the file of the Debt Recovery Appellate Tribunal, Chennai ordered on 16.10.2019 and quash the same as illegal and direct the 8th respondent to number the appeals without any pre-deposit as ordered.
For Petitioner : Mr.G.R.Lakshmanan
For R1 : Ms.S.R.Sumathy
Issues for consideration
3 issues framed by the court
Whether an auction purchaser under SARFAESI or RDDBFI proceedings is liable to make a pre-deposit for filing an appeal before the DRAT.
Whether a third party auction purchaser must comply with the pre-deposit requirement under Section 18 of SARFAESI and Section 21 of RDDBFI Act.
Whether the DRAT order demanding full pre-deposit from the auction purchaser violates the Division Bench judgment in Sree Jeya Soundharam Textile Mills.
Parties & counsel
- petitioner
S. Ganesh
- respondent
Indian Bank, Park Town Branch, Chennai
- respondent
M/s. Parkway Travels Tours Pvt. Ltd.
- respondent
Mr. R.G. Mohammed Hussain
- respondent
Mr. Ahraq Ahmed
- respondent
Case details
As recorded by the court registry
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